Chamber and committees

The Scottish Government is aware of the issues resulting from the current legal framework on unincorporated associations and is grateful to the Scottish Law Commission (SLC) for their 2009 report on this matter which recommended that unincorporated associations, which satisfy certain statutory conditions, should be accorded separate legal personality. The Scottish Government is supportive of the recommendations made in the SLC Report; however implementation of those recommendations would be a matter for the UK Government to take forward. The UK Government consulted on the SLC proposals in April 2012. The consultation demonstrated wide support for the broad principles of the SLC’s proposals but identified that further consideration was required to ensure that there are no unintended consequences that would seriously and adversely affect the interests of either unincorporated associations or third parties dealing with them.

The law concerning unincorporated associations is reserved to Westminster and any changes to the legal status of unincorporated associations would require legislation passed by the United Kingdom Parliament. The Scottish Government will continue to work with the UK Government, who remain committed to taking forward legislation on this issue in due course.

The Scottish Law Commission (SLC) recommended in 2009 on their report on this matter that unincorporated associations, which satisfy certain statutory conditions should be accorded separate legal personality, as the current law is not satisfactory. The Scottish Government is supportive of the recommendations made in the SLC report, however implementation of those recommendations would be a matter for the UK Government to take forward. The Scottish Government will continue to work with the UK Government to ensure that action will be taken on this issue in due course.

The law, as it stands, does not allow a member of an unincorporated association to take legal action against the association. The Scottish Law Commission (SLC) recommended that unincorporated associations, which satisfy certain statutory conditions, should be accorded separate legal personality, which could allow a member of an unincorporated association to take legal action against the association. The Scottish Government is supportive of the recommendations made by the SLC, any changes to the law however, would require legislation passed by the United Kingdom Parliament.

The Scottish Government has been in contact with both the UK Government and the Scottish Law Commission on this issue. The Scottish Government will continue to liaise with UK Government to ensure that any legislation concerning unincorporated associations is appropriate and meets the need of Scottish citizens.

1. Motor services

Chapter 3, Pages 130 and 131

2. Security and Intelligence

Chapter 7, Pages 261-267

3. Rail regulation

Chapter 3, Pages 125-131

4. Civil Aviation and Air Traffic Control

Chapter 3, Pages 131-132

5. Immigration and asylum

Chapter 7, Pages 267- 271

6. Passport

Chapter 7, Page 272

7. Tribunal

Chapter 10, Page 364

8. Industrial relations

Chapter 3, Pages 105-108

9. Health and Safety

Chapter 8, Page 303

1. the Medicines and Healthcare Products Regulatory Agency

Question 95, Page 405

2. the UK Space Agency

Questions 105 and 106, Page 408

3. the European Space Agency

Questions 105 and 106, Page 408

4. NHS Blood and Transplant

Chapter 4, Page 175

Chapter 10, Page 364

Question 207 and 208, Page 441

5. the Royal Mint

Chapter 10, Page 364

6. Research Councils

Chapter 5, Page 200-204

Chapter 10, Page 364

Questions 246-253, Page 452-455

I have asked Colin McConnell, Chief Executive of the Scottish Prison Service, to respond. His response is as follows:

“The Scottish Prison Service (SPS), on behalf of Scottish Ministers, has a contract with Addiewell Prison Limited for the delivery of services at HM Prison Addiewell. The contract specifies the number of contracted prisoner places to be made available and does not specify staffing levels.

While SPS does not routinely hold a detailed record of the number of staff deployed at the prison, the director of HM Prison Addiewell has advised of the current number of operational staff working shifts across the working day for each day of the week, which is set out in the attached table:

In addition, during each day, there are non-operational staff providing administration and support services, NHS staff based at the prison providing health care services, and other staff providing services under contract and partnership with local authorities and third sector agencies.”

The Health Board Provision of Healthcare in Prisons (Scotland) Directions 2011 contains the following directions from Scottish Ministers to health boards in relation to standards and training.

Health boards must ensure that the provision of healthcare meets the quality standards set out from time to time in guidance which has been issued to Health Boards by NHS Quality Improvement Scotland or by Healthcare Improvement Scotland.

Health boards must ensure that health care professionals are appropriately registered with the relevant professional body, that their registration is current and that they have such clinical experience and training as are necessary to enable the health care professional properly to perform such services.

Health boards must ensure that for any health care professional there are arrangements in place for the purpose of maintaining and updating the health care professional’s skills and knowledge in relation to the services which the health care professional is performing or assisting in performing.

Health boards must ensure that it affords to each employee in the practice reasonable opportunities to undertake appropriate training with a view to maintaining that employee’s competence.

In addition, the Scottish Prison Service (SPS) and individual prisons are responsible for the training of clinical staff for purposes of working effectively and safely within the prison setting. All NHS staff regardless of their role are required to complete mandatory SPS training. Any additional training is agreed locally between the Governor-in-Charge and NHS health board. The NHS provides staff with training specific to providing health care in a prison environment; this training will vary across each health board. Health boards should be contacted to provide this information.

Information on numbers of healthcare staff at each prison broken down by (a) day of the week and (b) profession is not held centrally.